Sheley v. Sampson
Court of Appeals of Kansas
Error from Norton District Court. Hon. G. Webb Bertram, Judge. Plaintiffs in error, defendants below, had given their promissory note to the defendant in error, and a chattel mortgage upon certain stock to secure payment. The note not being paid at maturity, the defendant in error as plaintiff below began his action of replevin to secure possession of the mortgaged property.
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Error from Norton District Court. Hon. G. Webb Bertram, Judge. Plaintiffs in error, defendants below, had given their promissory note to the defendant in error, and a chattel mortgage upon certain stock to secure payment. The note not being paid at maturity, the defendant in error as plaintiff below began his action of replevin to secure possession of the mortgaged property. The defendants alleged as a matter of defense that, after the execution of the note and while it was in the plaintiff’s hands, it was, without the knowledge or consent of the defendants, materially altered by the erasure…
1Opinion of the CourtGilkeson, P. J.
There can be no question as to the alteration having been made. Any change in the terms of a written contract which varies its original effect and operation, whether in respect to the obligation it imports or to its force as a matter of evidence, *467when made by any party to the contract is an alteration thereof, unless all the other parties to the contract give their express or implied consent to such change ; and the effect of such alteration is to nullify and destroy the altered instrument as a legal obligation.
It is no answer to aplea'of alteration that its operation is favorable to the…
2Cases cited5 opinions
- Angle v. North-Western Mutual Life InsuranceSupreme Court of the United States · 1876
- First National Bank v. FrickeSupreme Court of Missouri · 1881
- Moore v. HutchinsonSupreme Court of Missouri · 1879
- Davis, Steele & Co. v. EpplerSupreme Court of Kansas · 1888
- Sumner v. McCraySupreme Court of Missouri · 1875
3Cited by1 opinion
- Simpson v. SheleyCourt of Appeals of Kansas · 1900